Gural v. State, 251 A.2d 344 (Del. 1969). · Go Syfert
Gural v. State, 251 A.2d 344 (Del. 1969). Cases Citing This Book View Copy Cite
51 citation events (49 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) Piper v. State
Del. Super. Ct. · 2025 · confidence medium
Citations omitted.) In addition, “collateral consequences ordinarily do not arise from misdemeanor convictions.”8 7 251 A.2d 344, 344-45 (Del. 1969).
discussed Cited as authority (rule) Martin v. State
Del. · 2023 · confidence medium
Martin relied on Gural v. State, in which this Court held that the completion of a sentence renders a postconviction decision moot unless, “in consequence of the conviction or sentence, the defendant suffers collateral legal disabilities or burdens, in which case the defendant is considered to have a sufficient stake in the conviction or sentence to survive the satisfaction of the sentence and to permit him to obtain a review or institute a challenge.”8 Martin argued that the gubernatorial pardon he obtained in 2013 erased his criminal record completely, such that he was subjected to all t…
discussed Cited as authority (rule) State v. Martin (2×) also: Cited "see"
Del. Super. Ct. · 2022 · confidence medium
Ct. Feb. 9, 2000) (Mr. Martin is sentenced for trafficking in cocaine). 14 See Paul, 2011 WL 3585623 , at *1 (noting that “[t]he only exception to the [in custody] rule is when the defendant ‘suffers collateral legal disabilities or burdens’” (quoting Gural v. State, 251 A.2d 344, 344-45 (Del. 1969))); see also Jackson, 2016 WL 7076990 , at *1 (observing that with his lengthy criminal record, the fully discharged movant could never “establish that he would suffer any collateral consequences as a result of the convictions” he challenged via his then- pending Rule 61 motion (citation…
discussed Cited as authority (rule) State v. Martin
Del. Super. Ct. · 2021 · confidence medium
Aug. 15, 2011) (quoting Gural v. State, 251 A.2d 344, 344-45 (Del. 1969)) (noting that “[t]he only exception to the [in custody] rule is when the defendant ‘suffers collateral legal disabilities or burdens’”); see also State v. Jackson, 2016 WL 7076990 , at *1 (Del.
discussed Cited as authority (rule) Johnson v. State
Del. · 2020 · confidence medium
Jan. 20, 2015) (“Superior Court Criminal Rule 35 is limited to modifying or correcting a sentence, not vacating a conviction.”). 4 Gural v. State, 251 A.2d 344, 345 (Del. 1969) (holding that completion of a sentence renders a case moot unless the defendant can establish a right lost by reason of the conviction). 5 See, e.g., Lewis v. State, 2020 WL 1909195 , at *2 (Del.
discussed Cited as authority (rule) Lewis v. State
Del. · 2020 · confidence medium
Montgomery-Reeves Justice 4 Gural v. State, 251 A.2d 344, 345 (Del. 1969) (holding that completion of a sentence renders a case moot unless the defendant can establish a right lost by reason of the conviction).
discussed Cited as authority (rule) State v. Jackson, Sr.
Del. Super. Ct. · 2016 · confidence medium
Aug. 15, 2011) (quozing Guml v. Szme, 251 A.2d 344, 344-45 (Del. 1969)) (noting that “[t]he only exception to the [in custody] rule is when the defendant ‘suffers collateral legal disabilities or burdens.”’). " See S¢eck v. s¢a¢e, 2015 WL 2357161 , at *2 (Del.
cited Cited as authority (rule) State of Delaware v. Patel.
Del. Super. Ct. · 2015 · confidence medium
He works, pays 5 Gural v. State, 251 A.2d 344, 344-45 (Del. 1969). 6 797 A.2d 1198, 1199, 1202 (Del. 2002). 7 See Matter of Oscar Cota-Vargas. his taxes, and provides for his family.
cited Cited as authority (rule) Steck v. State
Del. · 2015 · confidence medium
Aug. 15, 201]) (quoting Gum! v. State, 251 A.2d 344, 344-45 (Del. 1969)). 4
cited Cited as authority (rule) Watson v. State
Del. · 2015 · confidence medium
Aug. 15, 2011) (quoting Gural v. State, 251 A.2d 344, 344-45 (Del. 1969)). 4 NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is GRANTED.
discussed Cited as authority (rule) Ross v. State
Del. · 2015 · confidence medium
Indeed, even if any of her complaints about the VOP proceedings and the resulting sentence had 1 Gural v. State, 251 A.2d 344, 345 (Del. 1969). merit, it would not affect the validity of her underlying convictions.
discussed Cited as authority (rule) Baltazar v. State
Del. · 2015 · confidence medium
The Superior Court ruled that Baltazar received appropriate collateral 2 251 A.2d 344, 345 (Del. 1969). consequence warnings based on the language in the Plea Agreement Form and Truth In Sentencing Form and found there was no extraordinary circumstance. (9) In response to the Superior Court’s ruling, Baltazar’s counsel submitted an Amended Motion to Vacate Conviction under Superior Court Criminal Rule 35.
cited Cited as authority (rule) Anderson v. State
Del. · 2014 · confidence medium
R. 61(a)(1)). 6 Id. (quoting Gural v. State, 251 A.2d 344, 344-45 (Del. 1969). 7 Id. 4 appealable issue.
discussed Cited as authority (rule) E.C. v. Virginia Dep't of Juvenile Justice
Va. · 2012 · confidence medium
Mead v. State, 504 P.2d 855, 856 (Alaska 1972); People v. Villa, 202 P.3d 427, 432 (Cal. 2009); Moland v. People, 757 P.2d 137, 139 (Colo. 1988); Lebron v. Comm’r of Corr., 876 A.2d 1178, 1193 (Conn. 2005); Gural v. State, 251 A.2d 344, 344-45 (Del. 1969); Gardner v. State, 548 So.2d 900, 901 (Fla. Dist.
discussed Cited as authority (rule) Williamson v. State
Del. · 1995 · confidence medium
For instance, this Court has declined review for ' 'mootness" in cases where the defendant dies during the appeals process, Perry v. State, Del.Supr., 575 A.2d 1154, 1155-56 (1990), or where the defendant has already served his sentence for the conviction appealed from, and no “direct harm” or “collateral consequences” would "permit him to obtain a review or institute a challenge,” Gural v. State, Del.Supr., 251 A.2d 344, 344-45 (1969). 9 .
discussed Cited "see, e.g." Richardson v. State
Del. · 2019 · signal: see also · confidence low
See also Gural v. State, 251 A.2d 344 (Del. 1969) (adopting the federal “collateral consequences” rule for postconviction proceedings, which held that “the satisfaction of the sentence renders the case moot unless, in consequence of the conviction or sentence, the defendant suffers collateral legal disabilities or burdens; in which event the defendant is considered to have a sufficient stake in the conviction or sentence to survive the satisfaction of the sentence and to permit him to obtain a review or institute a challenge”). 4 constitutes “custody” or a collateral legal disabili…
cited Cited "see, e.g." MARTINEZ-HERNANDEZ (LAZARO) VS. STATE
Nev. · 2016 · signal: see, e.g. · confidence low
See, e.g., Gural v. State, 251 A.2d 344 , 344- 45 (Del. 1969); Duran v. Morris, 635 P.2d 43, 45 (Utah 1981); E.C. v. Va. Dep't of Juvenile Justice, 722 S.E.2d 827 , 835 (Va. 2012).
discussed Cited "see, e.g." MARTINEZ-HERNANDEZ (LAZARO) VS. STATE (2×)
Nev. · 2016 · signal: see, e.g. · confidence low
See, e.g., Gural v. State, 251 A.2d 344 , 344- 45 (Del. 1969); Duran v. Morris, 635 P.2d 43, 45 (Utah 1981); E.C. v. Va. Dep't of Juvenile Justice, 722 S.E.2d 827 , 835 (Va. 2012).
Retrieving the full opinion text from the archive…
Wesley GURAL, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee
Supreme Court of Delaware.
Feb 26, 1969.
251 A.2d 344
Edward Z. Sobocinski, Asst. Public Defender, Wilmington, for defendant below, appellant., Jay H. Conner, Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.
Wolcott, Carey, Herrmann.
Cited by 24 opinions  |  Published
HERRMANN, Justice.

This case is moot so as to preclude review of the conviction.

The appellant was convicted of embezzlement and was sentenced to imprisonment for three years on August 19, 1966. On February 5, 1968, this appeal from denial of post-conviction relief was taken. The pending motion to dismiss the appeal was argued before this Court on December 13, 1968. Much of the intervening time elapsed by reason of an earlier unsuccessful motion to dismiss the appeal. See 243 A.2d 692. In the meantime, the appellant was released upon completion of his sentence on June 22, 1968. The State moves to dismiss the appeal on the ground of mootness.

There are three prevalent rules on the subject: (1)- the “traditional” rule that the satisfaction of the sentence, per se, renders the case moot; (2) the “liberal” rule that the defendant’s interest in clearing his name, per se, permits review of or attack upon his conviction; and (3) the “federal” rule (a modification of the traditional rule) that the satisfaction of the sentence renders the case moot unless, in consequence of the conviction or sentence, the defendant suffers collateral legal dis[*345] abilities or burdens; in which event the defendant is considered to have a sufficient stake in the conviction or sentence to survive the satisfaction of the sentence and to permit him to obtain a review or institute a challenge. See Annotation, 9 A.L.R.(3d) 462; 28 U.Chi.L.Rev. 363-368; Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554 (1968).

For its logic and fairness, we adopt the latter “collateral consequences” rule. While there does not appear to be any reported decision on the subject in this State, we understand that rule is consistent with past rulings of our courts.

The appellant contends that the appeal is not moot, the completion of his sentence notwithstanding, for the reason that, as the result of this conviction, he cannot engage in certain business activities, he is deprived of certain civil rights, and he is subjected to additional penalties for subsequent criminal violations and to “other collateral consequences flowing from his conviction.” The assertions are made in those general terms, with no specificity.

The position of the appellant may have more merit if this conviction blemished an otherwise clean record. But this is hardly the situation: the appellant has been convicted no less than 7 times previously on charges of the same general nature; he has served several terms of imprisonment thereupon; and this recital does not take into account numerous other similar charges, over a long period of years, which were disposed of upon the making of restitution.

In view of the appellant’s extensive prior criminal record, we find no merit in the general reasons he states to avoid mootness. The appellant bore the burden of demonstrating specifically a right lost or disability or burden imposed, by reason of the instant conviction, which had not already been lost or imposed by reason of his earlier convictions. See concurring opinion in Parker v. Ellis, 362 U.S. 574, 80 S.Ct. 909, 4 L.Ed.2d 963 (1960); United State v. Galante (2 Cir.) 298 F.2d 72, 100 A.L.R.2d 431 (1962). He has failed to sustain that burden.

The appellant relies upon Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554 (1968). That case is inapposite on its facts because there the Court found that the defendant would sustain, in fact and in law, loss of rights and imposition of disabilities and burdens “in consequence of his conviction.” Upon the record before us, we cannot so find.

Accordingly, the appeal is dismissed.